[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 168 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 226
115th CONGRESS
  1st Session
S. RES. 168

     Supporting respect for human rights and encouraging inclusive 
                        governance in Ethiopia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2017

Mr. Cardin (for himself, Mr. Rubio, Mr. Tillis, Mr. Wyden, Mr. Durbin, 
   Mr. Cornyn, Ms. Stabenow, Mr. Coons, Mr. Gardner, Mr. Booker, Mr. 
   Brown, Mr. Franken, Mr. Van Hollen, Mr. Merkley, Mr. Warner, Ms. 
 Cantwell, Mrs. Murray, Ms. Duckworth, Mrs. Feinstein, Mr. Casey, and 
 Ms. Klobuchar) submitted the following resolution; which was referred 
                 to the Committee on Foreign Relations

                           September 19, 2017

   Reported by Mr. Corker, with an amendment and an amendment to the 
                                preamble
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               RESOLUTION


 
     Supporting respect for human rights and encouraging inclusive 
                        governance in Ethiopia.

Whereas the first pillar of the 2012 United States Strategy Toward Sub-Saharan 
        Africa is to strengthen democratic institutions, and the United States 
        Agency for International Development Democracy, Human Rights, and 
        Governance Strategy states that strong democratic institutions, respect 
        for human rights, and participatory, accountable governance are crucial 
        elements for improving people's lives in a sustainable way;
Whereas the third pillar of the 2012 United States Strategy Toward Sub-Saharan 
        Africa is to advance peace and security, including supporting security 
        sector reform;
Whereas democratic space in Ethiopia has steadily diminished since the general 
        elections of 2005;
Whereas elections were held in 2015 in which the ruling Ethiopian People's 
        Revolutionary Democratic Front and its affiliates claimed 100 percent of 
        parliamentary seats;
Whereas the 2016 Department of State Human Rights Report on Ethiopia cited 
        serious human rights violations, including arbitrary arrests, killings, 
        rape, and torture committed by security forces as well as increased 
        restrictions on freedom of expression and freedom of association, 
        politically motivated trials, harassment, intimidation, and arrest of 
        opposition members and journalists;
Whereas the Government of Ethiopia has repeatedly abused laws such as the 2009 
        Anti-Terrorism Proclamation to limit press freedom, silence independent 
        journalists, and persecute members of the political opposition;
Whereas laws such as the 2009 Charities and Societies Proclamation have been 
        used to restrict the operation of civil society and nongovernmental 
        organizations in Ethiopia across a range of purposes, particularly those 
        investigating alleged violations of human rights by governmental 
        authorities;
Whereas the case of the ``Zone 9 Bloggers'', whose arrest and detention in 2014 
        and subsequent trials on terrorism charges brought international 
        attention to the restrictions on press freedom in Ethiopia, is 
        indicative of the coercive environment in which journalists continue to 
        operate;
Whereas the arrest, detention, and demeaning treatment of hundreds of 
        dissidents, including leaders of legally registered opposition parties 
        such as Bekele Gerba, arrested in December 2015, and Merera Gudina, 
        arrested in November 2016, of the Oromo Federalist Congress, Yonatan 
        Tesfaye Regassa, arrested in December 2015, of the Semayawi Party (the 
        Blue Party), and the arrest and sentencing of Okello Akway Ochalla, 
        former governor of the Gambella region, are indicative of repressive 
        political conditions that prevail in the country;
Whereas the Ethiopian Human Rights Council reported last year at least 102 
        protestor deaths from November 2015 to February 2016 across 9 
        administrative zones, Human Rights Watch reports that Ethiopian security 
        forces have killed at least 500 peaceful protestors, and Amnesty 
        International reported that more than 800 protesters have been killed 
        since November 2015 and that number is likely higher;
Whereas, on October 9, 2016, the Government of Ethiopia imposed a far-reaching, 
        six-month state of emergency that restricted a broad range of actions, 
        including blocking mobile Internet access and social media 
        communications, undermining freedoms of association, expression, and 
        peaceful assembly, which led to the arrest of over 26,000 persons, and 
        which was extended by four months on March 30, 2017;
Whereas, on October 10, 2016, the United Nations Special Rapporteur on freedom 
        of peaceful assembly and of association and the United Nations Working 
        Group on enforced or involuntary disappearances and on extrajudicial, 
        summary or arbitrary executions publicly called on the Government of 
        Ethiopia to allow an international commission of inquiry to investigate 
        the protests and the violence used against peaceful demonstrators;
Whereas former detainees report torture, lack of rations, and other forms of 
        serious abuse in detention facilities;
Whereas state-sponsored violence against citizens exercising their rights to 
        peaceful assembly in Oromia and elsewhere in the country, and the abuse 
        of laws to stifle journalistic and political freedoms, stand in direct 
        contrast to democratic principles and in violation of Ethiopia's 
        constitution;
Whereas serious abuses have been and continue to be committed in the Somali 
        regional state by Ethiopian federal and regional security forces, some 
        of which may constitute war crimes and crimes against humanity;
Whereas to date, the Government of Ethiopia has held no one accountable for any 
        of the aforementioned abuses; and
Whereas, during President Barack Obama's historic visit to Addis Ababa in July 
        2015, Prime Minister Hailemariam Desalegn expressed his government's 
        commitment to deepen the democratic process and work towards the respect 
        of human rights and improving governance, and noted the need to step up 
        efforts to strengthen institutions, but the Government of Ethiopia has 
        failed to take concrete actions to follow through with this commitment: 
        Now, therefore, be it
Whereas the United States and Ethiopia have closely partnered in areas of mutual 
        interest, including security, development, and humanitarian aid;
Whereas democratic space in Ethiopia has steadily diminished since the general 
        elections of 2005 and has ranked in the bottom tier of Freedom House 
        annual global rankings since 2011, dropping further in 2017;
Whereas elections were held in 2015 in which the ruling Ethiopian People's 
        Revolutionary Democratic Front and its affiliates claimed 100 percent of 
        parliamentary seats;
Whereas the 2016 Department of State Human Rights Report on Ethiopia cited 
        serious human rights violations, including arbitrary arrests, killings, 
        rape, and torture committed by security forces as well as increased 
        restrictions on freedom of expression and freedom of association, 
        politically motivated trials, harassment, intimidation, and arrest of 
        opposition members and journalists;
Whereas the Government of Ethiopia has repeatedly abused laws such as the 2009 
        Anti-Terrorism Proclamation to limit press freedom, silence independent 
        journalists, and persecute members of the political opposition;
Whereas laws such as the 2009 Charities and Societies Proclamation have been 
        used to restrict the operation of civil society and nongovernmental 
        organizations in Ethiopia across a range of purposes, particularly those 
        investigating alleged violations of human rights by governmental 
        authorities;
Whereas the case of the ``Zone 9 Bloggers'', whose arrest and detention in 2014 
        and subsequent trials on terrorism charges brought international 
        attention to the restrictions on press freedom in Ethiopia, is 
        indicative of the coercive environment for civil society, including 
        journalists;
Whereas the arrest, detention, and demeaning treatment of hundreds of 
        dissidents, including leaders of legally registered opposition parties 
        such as Bekele Gerba, arrested in December 2015, and Merera Gudina, 
        arrested in November 2016, of the Oromo Federalist Congress, Yonatan 
        Tesfaye Regassa, arrested in December 2015, of the Semayawi Party (the 
        Blue Party), and the arrest and sentencing of Okello Akway Ochalla, 
        former governor of the Gambella region, are indicative of repressive 
        political conditions that prevail in the country;
Whereas the Ethiopian Human Rights Council reported last year at least 102 
        protestor deaths from November 2015 to February 2016 across 9 
        administrative zones, Human Rights Watch reports that Ethiopian security 
        forces have killed at least 500 peaceful protestors, and Amnesty 
        International reported that more than 800 protesters have been killed 
        since November 2015 and that number is likely higher;
Whereas the Ethiopian Human Rights Commission also conducted an investigation 
        into the deaths and injuries that occurred during the protest period and 
        submitted the report with its recommendations to the House of Peoples 
        Representatives, but the full text of the report has not yet been made 
        public;
Whereas, on October 9, 2016, the Government of Ethiopia imposed a far-reaching, 
        six-month State of Emergency that restricted a broad range of actions, 
        including blocking mobile Internet access and social media 
        communications, undermining freedoms of association, expression, and 
        peaceful assembly, which led to the arrest of over 26,000 persons, and 
        which was extended by four months on March 30, 2017;
Whereas the Government of Ethiopia lifted the State of Emergency after ten 
        months, but, according to Human Rights Watch ``thousands remain in 
        detention without charge, none of the protesters' underlying grievances 
        have been addressed, and politically motivated trials of key opposition 
        leaders, artists, journalists, and others continue'';
Whereas, on October 10, 2016, the United Nations Special Rapporteur on freedom 
        of peaceful assembly and of association and the United Nations Working 
        Group on enforced or involuntary disappearances and on extrajudicial, 
        summary or arbitrary executions publicly called on the Government of 
        Ethiopia to allow an international commission of inquiry to investigate 
        the protests and the violence used against peaceful demonstrators;
Whereas the Government of Ethiopia has acknowledged that its people have 
        legitimate grievances and expressed its willingness to address a number 
        of issues including lack of basic social services, poor governance, and 
        corruption, and some of those engaged in corrupt practices were removed 
        from office and prosecuted;
Whereas former detainees report torture, lack of rations, and other forms of 
        serious abuse in detention facilities;
Whereas state-sponsored violence against citizens exercising their rights to 
        peaceful assembly in Oromia and elsewhere in the country, and the abuse 
        of laws to stifle journalistic and political freedoms, stand in direct 
        contrast to democratic principles and in violation of Ethiopia's 
        constitution;
Whereas the 2007 counter-insurgency operations, declared by then President Meles 
        Zenawi in response to violent attacks by the Ogaden National Liberation 
        Front in the Somali region of Ethiopia, continues today and have 
        reportedly consisted of serious abuses by Ethiopian Federal and regional 
        security forces that may in some cases constitute war crimes and crimes 
        against humanity;
Whereas, to date, the Government of Ethiopia has so limited access and reporting 
        from the Somali region such that no independent verification can be made 
        as to the reports of gross human rights violations and the conduct of 
        security forces and militants there;
Whereas, to date, despite the acknowledgement by the Government of Ethiopia of 
        misgovernance and security force abuses as well as a stated commitment 
        to hold accountable those responsible for such abuses, the Government of 
        Ethiopia has failed to hold anyone accountable for these crimes; and
Whereas, despite the July 2015 visit of President Barack Obama to Addis Ababa, 
        during which Prime Minister Hailemariam Desalegn expressed his 
        government's commitment to deepen the democratic process and work 
        towards the respect of human rights and improving governance and noted 
        the need to step up efforts to strengthen institutions, the Government 
        of Ethiopia has failed to take clear, consistent and sustainable actions 
        to follow through with this commitment:
Now, therefore, be it
    Resolved, That the Senate--
        <DELETED>    (1) condemns--</DELETED>
                <DELETED>    (A) killings of peaceful protesters and 
                excessive use of force by Ethiopian security 
                forces;</DELETED>
                <DELETED>    (B) arrest and detention of journalists, 
                students, activists and political leaders who exercise 
                their constitutional rights to freedom of assembly and 
                expression through peaceful protests; and</DELETED>
                <DELETED>    (C) abuse of the Anti-Terrorism 
                Proclamation to stifle political and civil dissent and 
                journalistic freedoms;</DELETED>
        <DELETED>    (2) urges protesters in Ethiopia to refrain from 
        violence, and to refrain from encouraging or accepting any and 
        all violence in demonstrations;</DELETED>
        <DELETED>    (3) calls on the Government of Ethiopia to--
        </DELETED>
                <DELETED>    (A) fully lift the state of 
                emergency;</DELETED>
                <DELETED>    (B) end the practice of excessive force by 
                security forces;</DELETED>
                <DELETED>    (C) grant the United Nations High 
                Commissioner for Human Rights and United Nations 
                Special Rapporteurs full access to conduct a 
                comprehensive independent examination of the state of 
                human rights in Ethiopia;</DELETED>
                <DELETED>    (D) conduct a full, credible, and 
                transparent investigation into the killings and 
                instances of excessive use of force that took place as 
                a result of protests in the Oromia and Amhara regions 
                and hold security forces accountable for wrongdoing 
                through public proceedings, and to publicly release the 
                findings through a written report;</DELETED>
                <DELETED>    (E) release all dissidents, members of the 
                political opposition, activists, and journalists who 
                have been jailed, including those arrested for 
                reporting about the protests, for exercising 
                constitutional rights;</DELETED>
                <DELETED>    (F) respect the right to freedom of 
                peaceful assembly and guarantee freedom of the press 
                and mass media in keeping with Articles 30 and 29 of 
                the Ethiopian constitution;</DELETED>
                <DELETED>    (G) engage in open and transparent 
                consultations relative to its development strategy, 
                especially those strategies that could result in 
                people's displacement from land, offering those 
                displaced from their land the right to seek remedy or 
                redress in courts and providing a transparent means to 
                access justice for those displaced; and</DELETED>
                <DELETED>    (H) repeal proclamations that--</DELETED>
                        <DELETED>    (i) can be used as a political 
                        tool to harass individuals or organizations 
                        that engage in peaceful political dissent or 
                        advocate for greater political freedoms; 
                        or</DELETED>
                        <DELETED>    (ii) prohibit or otherwise limit 
                        funding for civil society organizations working 
                        on, supporting, or advocating for respect for 
                        constitutional rights, the rule of law, and 
                        protection of human rights;</DELETED>
        <DELETED>    (4) calls on the Secretary of State to share with 
        Congress the results of a review of security assistance to 
        Ethiopia in light of these developments and to improve 
        transparency with respect to the purposes of such assistance to 
        the people of Ethiopia;</DELETED>
        <DELETED>    (5) calls on the Administrator of the United 
        States Agency for International Development to immediately lead 
        efforts to develop a comprehensive strategy to support improved 
        democracy and governance in Ethiopia;</DELETED>
        <DELETED>    (6) calls on the Secretary of State, in 
        conjunction with the Administrator of the United States Agency 
        for International Development, to improve oversight and 
        accountability of United States assistance to Ethiopia pursuant 
        to expectations established in the President's 2012 Strategy 
        Toward Sub-Saharan Africa;</DELETED>
        <DELETED>    (7) calls on the President to apply appropriate 
        sanctions on foreign persons or entities responsible for 
        extrajudicial killings, torture, or other gross violations of 
        internationally recognized human rights committed against any 
        nationals in Ethiopia as provided for in the Global Magnitsky 
        Human Rights Accountability Act (subtitle F of title XII of 
        Public Law 114-328); and</DELETED>
        <DELETED>    (8) stands by the people of Ethiopia, and supports 
        their peaceful efforts to increase democratic space and to 
        exercise the rights guaranteed by the Ethiopian 
        constitution.</DELETED>
That the Senate--
            (1) condemns--
                    (A) killings of peaceful protesters and excessive 
                use of force by Ethiopian security forces;
                    (B) arrest and detention of journalists, students, 
                activists and political leaders who exercise their 
                constitutional rights to freedom of assembly and 
                expression through peaceful protests; and
                    (C) abuse of the Anti-Terrorism Proclamation to 
                stifle political and civil dissent and journalistic 
                freedoms;
            (2) urges protesters in Ethiopia to refrain from violence, 
        and to reject any and all violence in demonstrations;
            (3) calls on the Government of Ethiopia to--
                    (A) use the opportunity to address broad and 
                persistent concerns expressed across large swathes of 
                the citizenry, which history has noted will, if 
                neglected or ignored, only increase tension and 
                diminish the prospect of capitalizing on much economic 
                progress and significant development opportunities that 
                remain for Ethiopia;
                    (B) end the practice of excessive force by security 
                forces, enforce professional discipline, and hold 
                accountable security forces responsible for such 
                abuses;
                    (C) grant the United Nations High Commissioner for 
                Human Rights and United Nations Special Rapporteurs 
                access to conduct a comprehensive and independent 
                examination of the state of human rights in Ethiopia, 
                and work with them to improve human rights conditions;
                    (D) conduct a full, credible, and transparent 
                investigation into the killings, detentions, and 
                instances of excessive use of force that took place in 
                response to protests in the Oromia and Amhara regions 
                and hold accountable security forces accused of such 
                actions through public proceedings, and to publicly 
                release written findings from such investigation;
                    (E) release from incarceration all dissidents, 
                members of the political opposition, activists, and 
                journalists who have been jailed, including those 
                arrested for reporting about the protests, for 
                exercising constitutional rights;
                    (F) respect the right to freedom of peaceful 
                assembly and guarantee freedom of the press and mass 
                media in keeping with Articles 30 and 29 of the 
                Ethiopian constitution;
                    (G) engage in open and transparent consultations 
                relative to its development strategy, especially those 
                strategies that could result in people's displacement 
                from land, offering those displaced from their land the 
                right to seek remedy or redress in courts and providing 
                a transparent means to access justice for those 
                displaced; and
                    (H) cease the use of proclamations that--
                            (i) are used to harass individuals or 
                        organizations that engage in peaceful political 
                        dissent or advocate for greater political 
                        freedoms; and
                            (ii) prohibit or otherwise limit funding 
                        for civil society organizations working on, 
                        supporting, or advocating for respect for 
                        constitutional rights, the rule of law, and 
                        protection of human rights;
            (4) calls on the Secretary of State to--
                    (A) share the recently concluded interagency review 
                of United States security assistance with the relevant 
                congressional committees of jurisdiction, as well as a 
                description of current objectives and criteria that 
                advance critical regional security objectives while 
                mitigating the threat of assistance being misused in 
                the context of domestic developments or any other 
                purpose other than the intended use;
                    (B) engage with the Government of Ethiopia in 
                strengthening the bilateral Working Group on Democracy, 
                Governance and Human Rights and provide support for the 
                effective and meaningful implementation of Ethiopia's 
                National Human Rights Action Plan;
            (5) calls on the Administrator of the United States Agency 
        for International Development to lead efforts to develop a 
        comprehensive strategy to support improved democracy and 
        governance in Ethiopia;
            (6) calls on the Secretary of State, in conjunction with 
        the Administrator of the United States Agency for International 
        Development, to improve oversight and accountability of United 
        States assistance to Ethiopia and to ensure such assistance 
        reinforces long-term goals for improved governance;
            (7) calls on the President to apply appropriate sanctions 
        on foreign persons or entities responsible for extrajudicial 
        killings, torture, or other gross violations of internationally 
        recognized human rights committed against any nationals in 
        Ethiopia as provided for in the Global Magnitsky Human Rights 
        Accountability Act (subtitle F of title XII of Public Law 114-
        328); and
            (8) stands by the people of Ethiopia, and supports their 
        peaceful efforts to increase democratic space and to exercise 
        the rights guaranteed by the Ethiopian constitution.




                                                       Calendar No. 226

115th CONGRESS

  1st Session

                              S. RES. 168

_______________________________________________________________________

                               RESOLUTION

     Supporting respect for human rights and encouraging inclusive 
                        governance in Ethiopia.

_______________________________________________________________________

                           September 19, 2017

      Reported with an amendment and an amendment to the preamble